1993-12-09 P&Z Meeting City of Southlake, Texas
REGULAR PLANNING AND ZONING COMMISSION MEETING DECEMBER 9, 1993
LOCATION: 667 North Carroll Avenue, Southlake, Texas
City Council Chambers of City Hall
TIME: 7:30 P.M.
AGENDA:
1. Call to Order.
2. Approval of Minutes of the November 4, 1993 and the November 18,
1993 P & Z Meetings.
3. Administrative Comments.
4. Consider: ZA93 -102, Rezoning request for 1.00 acre being
situated in the Harrison Decker Survey, Abstract No.
438, Tracts 1B10A, 1B6C1, 1B100, and 1B6C2. Current
zoning is "MH" Manufactured Housing; Requested zoning:
"I -1" Light Industrial. Location: 1207 Timberline
Court. Owner: Alice Turner. Applicant: Sam Hughes
d \b \a Sam's Automotive.
Public Hearing.
5. Consider: ZA93 -103, Rezoning request for 5.168 acres being
situated in the W.R. Eaves Survey, Abstract No. 500,
being a portion of Tract 3A1. Current zoning "AG"
Agricultural; Requested zoning: "RE" Residential Estate
District. Location: West side of South Peytonville
Road, approximately 2,000 feet south of the F.M. 1709
and S. Peytonville intersection. Owner: Joanne
Thompson. Applicant: Brandon and Kay Baker.
Public Hearing.
6. Consider: ZA93 -104, Rezoning request for 5.000 acres being
situated in the W.R. Eaves Survey, Abstract No. 500,
being a portion of Tract 3A1. Current zoning "AG"
Agricultural; Requested zoning "SF -1A" Single Family
Residential District. Location: West side of South
Peytonville Avenue, approximately 2,000 feet south of
the F.M. 1709 and S. Peytonville intersection. Owner:
Joanne Thompson. Applicant: Brandon and Kay Baker.
Public Hearing.
7. Consider:. ZA93 -105, Preliminary Plat of Baker Estates Lot 1 and
Lot 2, Block 1, being 10.168 acres situated in the W.R.
Eaves Survey, Abstract No. 500, being a portion of
Tract 3A1. Current zoning: "AG" Agricultural;
Requested zoning: Lot 1: "RE" Residential Estate. Lot
2: "SF -1A" Single Family -1A Residential. Location:
West side of South Peytonville Avenue, approximately
2,000 feet south of the F.M. 1709 and South Peytonville
Avenue intersection. Owner: Joanne Thompson;
Applicant: Brandon and Kay Baker.
Public Hearing.
City of Southlake, Texas
Planning and Zoning Meeting Agenda
December 9, 1993
Page 2
8. Consider: ZA93 -106, Rezoning request for 0.49 acres being
situated in the Hiram Granberry Survey, Abstract No.
581, being a portion of Tract 5. Current zoning: "AG"
Agricultural; Requested zoning: "SF -1A" Single Family
Residential District. Location: Approximately 1,000
feet northeast of the intersection of Continental
Boulevard and South White Chapel Boulevard. Owner:
William S. Gilchrist.
Public Hearing.
9. Consider: ZA93 -107, Plat Revision of Tract No. 4R, The Glory
Place, being 2.097 acres situated in the Hiram
Granberry Survey, Abstract No. 581, which combines all
of Tract 4, The Glory Place and an unplatted 0.49 acre
tract of land out of the H. Granberry Survey, Abstract
No. 581. Location: Approximately 800 feet east of the
intersection of East Continental Boulevard and South
White Chapel Boulevard. Current Zoning: "SF -1A" Single
Family -1A Residential and "AG" Agricultural; Requested
Zoning: "SF -1A Single Family Residential. Owner:
William S. Gilchrist
Public Hearing.
10. Consider: ZA93 -108, Final Plat of Block 1, Lot 1, Rougemont,
being 14.782 acres out of T. Beedy Survey, Abstract No.
72, Tracts 2A1 and 2A1A. Location: 1900 -block of North
Peytonville Avenue. Current Zoning: "AG" Agricultural.
Owner: Dr. Yves Meyer and Dr. Sharon Meyer
11. Consider: ZA93 -109, Preliminary Plat of Lots 4 -8, Block 1,
Southlake Crossing, being 14.580 acres situated in the
W.R. Eaves Survey, Abstract No. 500, Tract 2A3 and a
portion of Tract 2A5. Location: South side of F.M.
1709 southeast of the intersection of Randol Mill
Avenue and F.M. 1709. Current Zoning: "C -3" General
Commercial District. Request submitted by Wier &
Associates, Inc. Owner: Southlake Joint Venture, John
Drews, Managing Partner.
Public Hearing.
12. Meeting Adjourned.
City of Southlake, Texas
Planning and Zoning Meeting Agenda
December 9, 1993
Page 3
CERTIFICATE
I hereby certify that the above agenda was posted on the official
bulletin boards at City Hall, 667 North Carroll Avenue, Southlake,
Texas, on Friday, December 3, 1993, at 5:00 p.m., pursuant to the Open
Meetings Act, Chapter 551 of the Texas Government Code.
andra L. LeGrand v . , ,, H m
City Secretary �--�.
If you plan to attend this public meeting and have a disability that
requires special needs, please advise the City Secretary 48 hours in
advance at 481 -5581 extension 704, and reasonable accommodations will be
made to assist you.
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CITY OF SOUTHLAKE
PLANNING AND ZONING COMMISSION MEETING
DECEMBER 9, 1993
MINUTES
Commission Present: Chairman, Joe Wright; Members: Kate Barlow,
Nick McGarity, Randy Arnold, Ernest Johnson, Michael Richarme and
Lanny Tate.
Commission Absent: None
City Staff Present: Director of Community Development, Greg Last;
Zoning Administrator, Karen Gandy; Planner, Tom Elgin and Community
Development Secretary, Linda Carpenter (substituting for Glenda
Jaynes).
The meeting was called to order by Chairman Wright at 7:45 p.m.
after technical difficulty with the recorder.
Agenda Item #2, Approval of the MINUTES.
Commission members recommended the following amendments to the
November 4, 1993 MINUTES:
Page 2, Item #5, ZA93 -82, Rezoning 8.726 acres - Ralph Vargo
Williams Case
Commissioner Johnson suggested the MINUTES reflect that
the zoning request on a portion of Tract 5, from "AG" to
"SF -1A" will result in two zoning districts on Tract 5
(split zoning).
Page 6, Item #10, ZA93 -90, Rezoning and Concept Plan for Chapel
Village - David McMahan
Commissioner Johnson requested that the MINUTES include
David McMahan's (representing the applicant) comments
that he had about 600 of his space committed, all of
which would fit into the C -1 category.
Page 10, Item #15, ZA93 -96, Site Plan for Timarron Golf Course
Maintenance Facility
Commissioner McGarity requested the MINUTES be corrected
to show he was opposed to the MOTION TO APPROVE and
Commissioner Tate was in favor of the MOTION TO APPROVE
ZA93 -96.
Motion was made to approve the MINUTES of the November 4, 1993
Planning and Zoning Commission meeting with the amendments as
noted.
Motion: Johnson
Planning and Zoning Meeting MINUTES
December 9, 1993
Page 2
Second: Barlow
Ayes: Barlow, Arnold, Wright, Johnson, McGarity and Tate
Nays: None
Abstain: Richarme
Approved: 6 -0
Motion was made to approve the MINUTES of the November 18, 1993
Planning and Zoning Commission meeting with no corrections
indicated.
Motion: Arnold
Second: Richarme
Ayes: Barlow, Arnold, Wright, Johnson, McGarity, Tate and
Richarme
Approved: 7 -0
Agenda Item #3, Administrative Comments
Greg Last, Community Development Director, announced to the
Commission there would be no P & Z meeting on December 23, 1993 due
to the holidays.
No comments from the Commission.
Agenda Item #4, ZA93 -102, Rezoning Request for 1.00 acre situated
in the Harrison Decker Survey, Abstract No. 438, Tracts 1B10A,
1B6C1, 1B10C, and 1B6C2.
Karen Gandy, Zoning Administrator, informed the Commission that the
applicant's request is for rezoning of a 1.000 acre tract situated
in the Harrison Decker Survey, Abstract No. 483, Tracts 1B10A,
1B10C, 1B6C1, and 1B6C2. The property is located at 1207
Timberline Court. Alice Turner is the owner and the applicant is
Sam Hughes d /b /a Sam's Automotive. Current zoning is "MH"
Manufactured Housing with a requested zoning of "I -1" Light
Industrial. The Land Use Map does indicate Industrial for this
area. Thirteen notices were sent to property owners within 200
feet. Two written responses have been received, both in favor from
Mr. C. Young, whose property lies south of the discussed tracts.
Ms. Gandy also informed the Commission that the area was annexed
into the City in 1987 and rezoned "MH" with the adoption of
Ordinance No. 480 in September, 1989. On Tracts 1B10A and 1B6C1
there exists a legal, nonconforming auto repair service and on
Tracts 1B10C and 1B6C2 a legal, conforming mobile home. Mr. Hughes
is purchasing the property from Ms. Turner and intends to continue
the non - conforming use at this time, but would like to zone the
property in accordance with the Land Use Plan for future
development or sale of the property in the future.
Planning and Zoning Meeting MINUTES
December 9, 1993
Page 3
Commissioner Johnson asked Ms. Gandy if the zoning was approved,
what would the "then" status be of these two uses; would the mobile
home still be legal non - conforming and would the garage now be non-
conforming? Ms. Gandy explained the garage is now legal non-
conforming - it would remain in that status; the mobile home which
is now zoned "MH" would then move into a non - conforming status. So
both would be legal, non - conforming.
Sam Hughes, 1207 Timberline Court, was present to answer the
Commission's questions. Mr. Hughes told the Commission he
currently rents the mobile home out. His intention is to get rid
of the mobile home, remove it from the property.
Chairman Wright advised the audience that this item is a Public
Hearing. No comments were heard so the Public Hearing was closed.
Chairman Wright asked staff if the garage was not allowed in "Light
Industrial" zoning district. Ms. Gandy responded that an
automotive repair service would be appropriate in a "B -2" district.
Mr. Wright inquired why the applicant did not apply for a "B -2" as
opposed to the "Light Industrial ". Mr. Hughes said he didn't think
that the neighbors would approve of that zoning as much as the
"Industrial" zoning because the Land Use committee had already
voted to turn that block into "Industrial ". He explained that as
it stands, non - conforming, he can't get financing, so he wants to
proceed with "Industrial ".
Commissioner Johnson commented that it seems to be in conformance
with the Land Use Plan and Commissioner Arnold agreed.
Commissioner Richarme said he concurred, especially in light of the
response from the neighbors, there being no opposition from them.
Motion was made to approve ZA 93 -102, Rezoning request for 1.000
acres in the Harrison Decker Survey, Abstract No. 438, Tracts
1B10A, 1B10C, 1B6C1, and 1B6C2 from "MH" to "I -1" district.
Motion: Richarme
Second: Arnold
Ayes: Barlow, McGarity, Arnold, Richarme, Johnson and Tate
Nays: Wright (would have supported a "B -2" zoning)
Approved: 6 -1
Agenda Item #4, ZA 93 -103, Rezoning of 5.168 Acres in the W.R.
Eaves Survey, Abstract No. 500, a portion of Tract 3A1.
Zoning Administrator, Karen Gandy, informed the Commission that the
applicants' request is for rezoning of 5.168 acres situated in the
W.R. Eaves Survey, Abstract No. 500, being a portion of Tract 3A1.
This acreage is the proposed Lot 1, Baker Estates. It is located
on the west side of South Peytonville Avenue approximately 2,000
feet south of the intersection of F.M. 1709 and South Peytonville
Planning and Zoning Meeting MINUTES
December 9, 1993
Page 4
Avenue. The owner is Joanne Thompson and the applicants are
Brandon and Kay Baker. Current zoning is "AG" Agricultural;
requested zoning is "RE" Residential Estate. The Land Use Plan
indicates a Medium Density Residential in this area. Eight (8)
notices were sent to property owners within 200 feet with no
written responses received to date.
Commissioner Johnson noted a difference in the acreage described on
the plat and that on staff's cover memo. Cover memo refers to
5.168 acres whereas the plat refers to 4.890 acres. Ms. Gandy
explained that during the platting process staff would require the
applicant adjust the rear lot line to the west to make sure that
the lot, after R.O.W. dedication, will have the full 5.000 acres.
Mr. Johnson asked staff where this stipulation would occur? Greg
Last said it would be addressed in Plat Review. Mr. Johnson
inquired whether the Commission could rezone property that does not
conform without that stipulation. Mr. Last explained that what the
Commission is rezoning also includes the right -of -way, which
contains 5.168 acres. Mr. Johnson commented that in order to zone
property "Residential Estate" it should have five (5) acres and
asked staff if it was necessary to make reference to that fact
during the zoning case. Mr. Last said it would be addressed when
they correct the plat and shift the property line, then they would
have the five (5) acres required, but that it would be all right to
include such language in the zoning approval motion.
Public Hearing.
Applicant, Brandon Baker, 3916 Floodway Drive, Farmers Branch, Tx,
was present to answer questions from the Commission. Mr. Baker
told the Commission he planned to build his house on the 5 acres,
which is Lot 1.
Public Hearing closed.
Motion was made to approve ZA93 -103, Rezoning for 5.168 acres
situated in the W.R. Eaves Survey, No. 500, being a
portion of Tract 3A1, with the notation that the west boundary line
of Lot 1 will be adjusted to the west, to ensure that there will be
5.000 acres included in this zoning case.
Motion: Johnson
Second: Richarme
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and
Tate.
Nays: None
Approve: 7 -0
Planning and Zoning Meeting MINUTES
December 9, 1993
Page 5
Agenda Item #6, ZA 93 -104, Rezoning Request for 5.000 Acres
Situated in the W.R. Eaves Survey, Abstract No. 500, being a
Portion of Tract 3A1.
Zoning Administrator, Karen Gandy, informed the Commission that the
applicants' request is for 5.000 acres (4.917 acres after right -of-
way netted out) situated in the W.R. Eaves Survey, Abstract No.
500, being a portion of Tract 3A1. This acreage is the proposed
Lot 2, Baker Estates. The property is located on the west side of
South Peytonville Avenue approximately 2,000 feet south of the
intersection of F.M. 1709 and South Peytonville Avenue. The owner
is Joanne Thompson and the applicants are Brandon and Kay Baker.
Current zoning is "AG" Agricultural; requested zoning is "SF -1A"
Single Family -1A Residential. The Land Use Plan indicates Medium
Density Residential for this area. Eight (8) notices were sent to
property owners within 200 feet of the property with no written
responses to date. Ms. Gandy clarified that the applicant will
build on Lot 1 instead of Lot 2.
Commission Richarme questioned whether there were any fire or
safety concerns (ability of fire equipment to get to back lot) with
the back lot? Ms. Gandy explained that the applicant had met the
minimum 100 -foot lot width for that particular zoning district.
Greg Last commented that there was no requirement to pave a road
(for fire equipment access) for residential.
Chairman Wright advised the audience that this item was a Public
Hearing. No comments were heard; the Public Hearing was closed.
The Commission discussed the need to adjust the common west line
between Lots 1 & 2 of this request to accommodate the adjustment of
the previous zoning request.
Motion was made to approve ZA93 -104, Rezoning of 5.000 acres in the
W.R. Eaves Survey, Abstract No. 500, noting that the common line
between Lot 1 and Lot 2 (runs north and south) will be adjusted to
accommodate the adjustments to the zoning cases on both lots.
Motion: Johnson
Second: Tate
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and
Tate
Nays: None
Approved: 7 -0
Planning and Zoning Meeting MINUTES
December 9, 1993
Page 6
Agenda Item 7, ZA93 -105, Preliminary Plat of Baker Estates, Lot 1
and Lot 2, Block 1, being 10.168 Acres Situated in the W.R. Eaves
Survey, Abstract No. 500, being a Portion of Tract 3A1.
Zoning Administrator, Karen Gandy, informed the Commission that the
request is for a Preliminary Plat of Baker Estates, 10.168 acres
situated in the W.R. Eaves Survey, Abstract No. 500, being a
portion of Tract 3A1. The owner is Joanne Thompson and the
applicants are Brandon and Kay Baker. Current zoning is "AG"
Agricultural and the requested zoning is "RE" Residential Estate
for Lot 1 and "SF -1A" Single Family -1A Residential for Lot 2. The
Land Use Plan indicates Medium Density Residential. Eight (8)
notices were sent to property owners within 200 feet of the
property with no written responses to date. P & Z packets contain
staff's first Plat Review Summary dated December 3, 1993.
Commission and staff discussed tracking of Final Plat, Preliminary
Plat and zoning through Commission and Council.
Chairman Wright advised the audience that this item was a Public
Hearing. No one responded and the Public Hearing was closed.
No discussion from the Commission.
Motion was made to approve ZA93 -105, Preliminary Plat of Baker
Estates Lot 1 and Lot 2, Block 1, subject to staff's Review Letter
dated December 3, 1993.
Motion: Tate
Second: Richarme
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and
Tate
Nays: None
Approved: 7 -0
Agenda Item #8, ZA93 -106, Rezoning Request for 0.49 Acres, Situated
in the Hiram Granberry Survey, Abstract No. 581, being a Portion of
Tract 5.
Zoning Administrator, Karen Gandy, informed the Commission that the
applicant's request is for rezoning of 0.49 acres situated in the
Hiram Granberry Survey, Abstract No. 581, being a portion of Tract
5. The property is located approximately 1,000 feet northeast of
the intersection of Continental Boulevard and South White Chapel
Boulevard. The owner is William S. Gilchrist. Current zoning is
"AG" Agricultural; requested zoning is "SF-1A" Single Family -1A
Residential. The Land Use Plan indicates Low Density Residential
for this area. Eight (8) notices were sent to property owners
within 200 feet of the property and to date staff has received only
two (2) written responses. Letters from Gary Hargett (owns
property due north), 1125 S. White Chapel Blvd. and Ralph V.
Planning and Zoning Meeting MINUTES
December 9, 1993
Page 7
Williams (owns property southeast @ corner), 120 E. Continental
Blvd. indicated both were in favor of the zoning request.
Ms. Gandy also told the Commission that the applicant must zone
this portion of Tract 5 in order to combine it with Tract 4 of The
Glory Place to the south. It does meet the requirement of 1 -acre
for SF -1A when combined with Tract 4 of The Glory Place.
Ms. Gandy clarified the use of "TRACT" and "TR." on the exhibit.
TRACT means it is in The Glory Place; TR means it is an unplatted
parcel in the Abstract No. 581.
Warren Hagan, 500 Grapevine Highway, Hurst, Texas, was present to
represent the applicant.
Chairman Wright advised the audience that this item was a Public
Hearing. No one responded and the Public Hearing was closed.
Motion was made to approve ZA93 -106, rezoning of 0.49 acres in the
Hiram Granberry Survey, Abstract No. 581, being a portion of Tract
5.
Motion: Kate Barlow
Second: Michael Richarme
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and
Tate
Nays: None
Approve: 7 -0
Agenda Item #9, ZA93 -107, Plat Revision of Tract No. 4R, The Glory
Place, being 2.097 Acres in the Hiram Granberry Survey, Abstract
No. 581, which Combines All of Tract 4, The Glory Place and an
Unplatted 0.49 Acres Tract of Land Out of the Hiram Granberry
Survey, Abstract No. 581.
Zoning Administrator, Karen Gandy, informed the Commission that the
applicant's request is for a plat revision of Tract 4R, The Glory
Place, being 2.097 acres in the Hiram Granberry Survey, Abstract
No. 581, which combines all of the platted Tract 4, The Glory Place
and the unplatted 0.49 -acre tract of land out of the Hiram
Granberry Survey, Abstract No. 581. The property is located
approximately 800 feet east of the intersection of East Continental
Boulevard and South White Chapel Boulevard. The owner is William
S. Gilchrist. Current zoning is "SF -1A" Single Family -1A
Residential and "AG" Agricultural; requested zoning is "SF -1A"
Single Family -1A Residential. The Land Use Plan indicates Low
Density Residential of this area. Eight (8) notices were sent to
property owners within 200 feet of the property with only one (1)
written response received from Ralph V. Williams, 120 E.
Continental Blvd., who was in favor of the plat revision. Ms.
Gandy commented that the staff's first Plat Review Summary dated
Planning and Zoning Meeting MINUTES
December 9, 1993
Page 8
December 3, 1993 was in the Commissioners' packet.
Warren Hagan, 500 Grapevine Highway, Hurst, Texas, was present to
represent the applicant and answer questions from the
Commissioners. Mr. Hagan said he had received the staff's review
letter and was in favor of all revisions and has returned the
corrected plats to Karen before tonight's meeting. Mr. Hagan said
he had discussed the Review Letter with Mr. Gilchrist and he was
happy with the revisions.
Chairman Wright advised the audience that this was a Public
Hearing. No one responded and the Public Hearing was closed.
Motion was made to approve ZA93 -107, Plat Revision of Tract No. 4R,
The Glory Place, which combines all of Tract 4, The Glory Place and
the unplatted 0.49 acre tract out of the H. Granberry Survey,
Abstract No. 581, subject to staff's Review Letter Summary dated
December 3, 1993.
Motion: Tate
Second: Johnson
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and
Tate
Nays: None
Approve: 7 -0
Agenda Item #10, ZA93 -108, Final Plat of Block 1, Lot 1, Rougemont,
being 14.782 acres out of T.Beedy Survey, Abstract No. 72, Tracts
2A1 and 2A1A.
Zoning Administrator, Karen Gandy, informed the Commission that the
applicant's request is for a Final Plat of Block 1, Lot 1,
Rougemont, being 14.782 acres situated in the Thomas Beedy Survey,
Abstract No. 72, Tracts 2A1 and 2A1A. The property is located in
the 1900 -block of North Peytonville Avenue. The owners /applicants
are Dr. Yves Meyer and Dr. Sharon Meyer. Current zoning is "AG"
Agricultural. Low Density Residential is indicated in the Land Use
Plan for this area.
Ms. Gandy reported some background information to the Commission.
She informed them that the applicants propose platting the property
into one lot and keeping the "AG" zoning. They plan to demolish
the residence on the south side, keep the residence on the north
side for a caretaker's quarters and build a new residence for
themselves to the east. On November 2, 1993 the City Council
approved (7 -0) the preliminary plat subject to the Plat Review
Summary dated October 29, 1993, deleting item #1 (R.O.W.
reservation from Brittain Drive across this property to the south) .
Planning and Zoning Meeting MINUTES
December 9, 1993
Page 9
Ms. Gandy said no notices were required for this case. She also
advised the Commission that the staff's first Plat Review Summary
dated December 3, 1993 was in their packets for review.
Ms. Gandy informed the Commission that the Final Plat does
substantially conform to the Preliminary Plat.
Community Development Director, Greg Last, explained to the
Commission that he had expressed to the applicant earlier in the
day that it was not necessary for them to appear since there were
no issues to resolve regarding their case.
Motion was made to approve ZA93 -108, Final Plat of Block 1, Lot 1,
Rougemont, subject staff Review Letter of December 3, 1993.
Motion: Arnold
Second: Richarme
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and
Tate
Nays: None
Approve: 7 -0
Agenda Item #11, ZA93 -108, Preliminary Plat of Lots 4 -8, Block 1,
Southlake Crossing, Phase II, being 14.580 acres situated in the
W.R. Eaves Survey, Abstract No. 500, Tract 2A3 and a portion of
Tract 2A5.
Zoning Administrator, Karen Gandy, informed the Commission that the
applicant's request is for the Preliminary Plat of Lots 4 - 8,
Block 1, Southlake Crossing, Phase II, being 14.580 acres situated
in the W.R. Eaves Survey, Abstract No. 500, Tract 2A3 and a portion
of Tract 2A5. The lots are located on the south side of F.M. 1709,
southeast of the intersection of Randol Mill Avenue and F.M. 1709.
The owner is Southlake Joint Venture; John Drews, Managing Partner.
The current zoning is "C -3" General Commercial District. The Land
Use Plan indicates a Mixed Use for the area. Eight (8) notices
were sent to surrounding property owners within 200 feet of the
property with no written responses to date. Ms. Gandy advised the
Commission that staff's first Plat Review Summary dated December 3,
1993 and the first submittal were enclosed in their packets.
Ms. Gandy outlined for the Commission on the diagram the lot
configuration which was being discussed tonight. The Commissioners
discussed the number of driveways and the access to the lots.
Common access easements are required by the number of driveways.
Commissioner Richarme asked if this is an appropriate number of
driveways, then a common access easement is a moot question. Mr.
Last said staff's recommendation was to provide a common access
easement through Lot 6 and additionally allow Lot 7 access to the
driveway. Staff recommends only access easements where a lot does
not have a driveway on the Concept Plan and may be needed to
Planning and Zoning Meeting MINUTES
December 9, 1993
Page 10
officially show lender that access is provided by the common access
easement. The Commission discussed whether Lot 6 was "landlocked ";
it was determined not to be.
Ray Stevenson, Wier & Associates, 4300 Beltway Place, Suite 130,
Arlington, Texas, was present to represent the applicant and answer
questions from the Commission.
Mr. Stevenson clarified the issue raised regarding the joint access
easement in the staff's comments. He stated that there is on
record, at Tarrant County, a Developer's Agreement which
establishes the right of all tenants to have access across each
other's property; every lot has access to every driveway. He said
he understood staff's concern about the number of driveways. They
are willing to concede for Lot 6 (which does not have a driveway to
it) to provide a joint access easement to the closest drive so that
it will be evident on the plat that they will have right of access,
which duplicates the rights given in the Developer's Agreement.
They propose to provide a 30' x 50' access easement (see
attachment) on Lot 5, so Lot 6 does have access to a driveway.
Additionally, the drive off the rear of Lot 7 crosses the rear and
side of Lot 8 so the developer is proposing to add an access
easement to insure Lot 7 full use of that drive. Lot 7 has access
to the drive that crosses Lot 8. Lot 6 has access through Lot 5.
Chairman Wright questioned Mr. Stevenson regarding the note on the
plat which says, "30' x 50' Access Easement - Driveway access not
permitted from Lot 6 as shown ". Stevenson said he was showing by
that statement that the actual location of the driveway could shift
a little between preliminary and final plats depending upon the
actual need of the user and may need to adjust the common access
easement wherever it is appropriate. Community Development
Director Last and Chairman Wright recommended that the language be
deleted from the plat. Mr. Last said he did not think there should
be any agreements about driveways on the plats.
Chairman Wright advised the audience that this item is a Public
Hearing. No one responded and the Public Hearing was closed.
Commissioner Johnson stated that the Developer's proposal for the
easements was an adequate response to staff requests. Commissioner
Richarme said it was a good solution.
Motion was made to approve ZA93 -109, Preliminary Plat of Lots 4 -9,
Block 1, Southlake Crossing, Phase II, subject to the staff Review
Letter Summary dated December 3, 1993, changing Item #4 instead of
the attached exhibit staff prepared, substituting the exhibit
delivered by the applicant this evening, showing common access
easements for Lot 6 and Lot 7.
Motion: Richarme
Planning and Zoning Meeting MINUTES
December 9, 1993
Page 11
Second: McGarity
Ayes: Barlow, McGarity, Arnold, Richarme, Wright, Johnson and
Tate
Nays: None
Approve: 7 -0
Agenda Item #12, Adjournment
Motion was made to adjourn at
- f/tAJ
Joe Wri t, Chairman
ATTEST:
r---
Linda Carpenter
Interim Community Development Secretary
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